University of Ghana http://ugspace.ug.edu.gh CORPORAL PUNISHMENT AND THE RIGHTS OF THE CHILD: A CASE STUDY OF SOME PUBLIC SCHOOLS IN THE KOFORIDUA MUNICIPALITY A DISSERTATION PRESENTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE MASTER OF ARTS DEGREE IN AFRICAN STUDIES AT THE UNIVERSITY OF GHANA, LEGON BY MOR-SARCOH THEO- THAD 2002 University of Ghana http://ugspace.ug.edu.gh !R':'" I i " -' / ;:; // .-- I ... ':'j /, ---' .,' . ---/' r ! ( .. ;J .J \, . ' \, - -; , ,~ , \ / ,. ! ' .1 ,/ \. I I • ' ! ~ .. \, '. ,', I, ,' ..' ;:., ; .... I I, .~ ." ! ... .... . I ' . 0/1""_' '.JIJ'.O · 11\ \ .- I I I ___ .__ .J I , .; I~ 1'; "OI ti ,. 11'11,(1 , : ... -- -- -- - -- --- - University of Ghana http://ugspace.ug.edu.gh , I /' \ \ \ \ ; fA " ,',,' .... .. . / J /'" \, j-"'---I " / , ~; I / // \ " \ ./ \ --- I I I' r, ._._~ •• " ~ MI J ~'J , ,1M, 1'11;1 1( 1--1-,,------ " tii, .\, ill: . " /\' (ifl)} ,'111 1' / . ' ,) j,. () .t, ' I 1/ ,! ~ I 'I 1/ ,I { . University of Ghana http://ugspace.ug.edu.gh IV DECLARATION I, Mor-Sarcoh Theo-Thad hereby declare that except for references to other works which have been duly acknowledged, this dissertation is the result of my own research carried out under the supervision of Dr. Akosua Adomako Ampofo of the Institute of African Studies University of Ghana, Legon. ~~. (Candidate) '" ......... . .•....... DR. AKOSUA ADOMAKO AMPOFO ( Supervisor) ,I University of Ghana http://ugspace.ug.edu.gh DEDICATION This work is dedicated first and foremost to all single - parent children in Ghana, who have to struggle through thick and thin to make life meaningful. The work is also particularly dedicated to my children Seyram, Serlorm, Dellali and Yayra who together with the writer are victims, of single parenthood. 11 University of Ghana http://ugspace.ug.edu.gh ACKNOWLEDGMENTS I am sincerely thankful to the Almighty God for enabling me to complete this work despite many frustrating family challenges. Secondly, I wish to register my unqualified appreciation and humble gratitude to Dr. Akosua Adomako-Ampofo, a Senior Research Fellow at the Institute of African Studies, University of Ghana, for her expertise, dedication and diligence as my supervisor. I also owe a deep debt of gratitude to my children f0r their patience and endurance during the trying times of working on this study. III University of Ghana http://ugspace.ug.edu.gh ABSTRACT In recent years there has been tension between parents and teachers as a result of the use of the cane as a disciplinary tool in schools. The passage of some legislative instruments on the rights of the child has to a large extent contributed to the debate as to whether corporal punishment should be administered in schools or not. The legal position is that the child should be protected from all physical or mental violence, injury or maltreatment. Teachers also contend that without the cane, discipline in schools would be ineffective. The current study therefore examined the use of the cane in schools in the New Juaben Municipality and the extent to which it is used. The study relied on both primary and secondary materials. There was also personal observation and interaction with education authorities. It was found out that hundred percent (100%) of teachers favoured the use of the cane as a necessary disciplinary tool in schools. The indiscriminate use of the cane in the study area led me to conclude that teachers are unaware of children's rights under the laws of Ghana and are therefore constantly violating laws that forbid the physical infliction of pain or injury on children. It is necessary that special orientation on the fundamental rights of the child be put in place for teachers. IV University of Ghana http://ugspace.ug.edu.gh TABLE OF CONTENTS CHAPTER ONE 1.0 Introduction.............. ... .... . .. ........... .......... ............. .. ........... . 1 1.1 Statement of the problem ........ ...... ...... .............. .... ................. 2 1.2 The Objective of the study ............................ ........ ...... .... ........ 6 1.3 Operational definition of concept .... ................ .... ........ ...... ......... 6 1.4 The significance of the study ........ .... ...... ...... ...... .... .... .... ......... 8 1.5 Research Methodology ... ....... ... ... ... ... .. . ....... .. ........... ..... . . ... ... 9 1.6 The Techniques of the Data Collection ........ .. .... .......... ................. 9 1. 7 Limitations of the study ........ ...... ...... .... .... .. .. .... ............... .... 10 1.8 Organisation of the study ...... .... ........ .................................... 11 CHAPTER TWO LITERATURE REVIEW 2.0 Introduction............... . .............. . ..... . ....... . . .. .................... 13 2.1 Punishment and its Administration .... .................. .................... 13 2.2 H istorical Background of school punishments in other Jurisdictions .. 21 2.3 Forms of Punishment in other Jurisdictions ... . .. . .. . .... .... .... .. . ... ... 22 2.3.1 Flogging .................... .... ............... ..... .................. . .. . .. ... . 22 2.3.2 Mutilation ........... ... ...... ....... .. ....... ........................ .... . ..... . 23 2.3.3 Confinement .............. . .. . .. . .. ........ ....... ... ... . .. ........... .. ........ 24 2.3.4 Forms a/Punishments in the Gold Coast/Ghana ... ......... ........ 24 v University of Ghana http://ugspace.ug.edu.gh CHAPTER THREE SOME OBJECTIVES OF PUNISHMENT 3.0 Introduction . . ..... .. . . . .. ...... ... . ............. ..... ....... ...... ............. 34 3.1 Definition of Punishment .. ... . .. ..... ... ......... ...... ..... ............... . 34 3.2 Some objectives of Punishment. .. .. . ..... . ........ ... ................ ..... . 35 3.3 General status of the child under the various enactments and the United Nations Convention on the Child . ........................ 38 3.4 The status of the child under the Laws of Ghana . .......... ........ .. .... 40 CHAPTER FOUR 4.0 Ghana Education Service (G.E.S.) Laid Down Rules and Regulations on Punishment ... . ......... ... ... .. . . ....... ... . .. ....... ........ 46 4.1 Data on Corporal Punishment in the schools in the Koforidua Municipality. . . . . . . . . . . . . . . . . . ... . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . .. 48 4.2 Findings of the study and their Discussions ... .. .................... . ...... 59 4.3 Preserving the child's dignity and how the behaviour of children in the school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . 62 4.4 Can the school children seek remedy or relief at the Law courts? .... 69 VI University of Ghana http://ugspace.ug.edu.gh CHAPTER ONE 1.0 INTRODUCTION The concern for the protection of human rights especially the rights of the child has become a global issue. The return of Ghana to democratic constitutional government, the ratification of U.N. Convention on the Rights of the Child, and the enactment of the Children's Act 560 by Ghana's Legislature in 1998 have all, to a great extent helped children's right issues to assume greater importance at this time. Teachers and parents sometimes beat or threaten their children with implements. This behaviour is not only harmful but also illegal (Tyrrell Burgess 1964). Unfortunately they find it difficult to accept that the act is unlawful and that it contravenes the rights of the chi ld under the 1992 constitution of Ghana. The teachers and some parents who injure children through this practice more often than not relate the event to the concept of punishment even when they agree that they went to the extreme or that the degree of the punishment was more than necessary. University of Ghana http://ugspace.ug.edu.gh The Ghanaian society places high premIUm on the infliction of pam as necessary or inevitable in the bringing-up of children but it is the view of a few that corporal punishment of children be declared illegal. The purpose of this research is to examme the mam offences that attract corporal punishments in schools in the Koforidua Municipality, the extent of the use of such punishments and the number of strokes of the cane used on the child. By corporal punishment I mean the use of the cane, the hand or any hard object to punish children whenever they go wrong or their behaviour conflicts with the rules and regulations in schools. In order to achieve my objective, I will refer to the laid down rules governing the administration of punishments in schools (The Headteachers' Handbook), the 1992 Constitution of Ghana, the Children's Act, 1998, Act 560, the United Nations Conventions on the Rights of the Child and the data collected from the study area. 1.1 STA TEMENT OF THE PROBLEM There is little disagreement about the identification of acts of gross injustices such as murder, sadistic ill treatment, or gross neglect against the child. On the other hand, the boundary between inadequate parenting" and minor forms of injustice like threats and assaults are more difficult to determine. 2 University of Ghana http://ugspace.ug.edu.gh Some people hold the view that a definition of child abuse or injustice against the child should include maltreatment of children which prevent their attaining their full potential , be it in the home, the school , or the world at large. A vast majority of people in Ghana suffer injustice but there are no operationally planned treatments for them especially those at school. It appears that the administration of punishment in schools is a component of the education process. If the aim of education is to develop the child's personality, mental talents and physical abilities to the fullest extent, then punishment can be a useful corrective instrument, (Cross and Jones 1968). The administration of corporal punishment in schools has, however, attracted several mixed comments since the colonial era and even long before the advent of the Europeans in the Gold Coast. Some schools of thought argue that corporal punishment should be judiciously administered whilst others hold the view that it should totally be eradicated (Arthur and Evans 1936). Human Rights Activists strongly hold the view that every child has an inalienable right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment (The Ghana Report on the U.N Committee on the Rights of the Child, 1997). The public, especially parents, often attack teachers whenever pain is inflicted on the child as the result of the 3 University of Ghana http://ugspace.ug.edu.gh use of the cane. The teachers, do not, however, think that they are being inhumane. There are dotted instances of reported cases when teachers have either been lynched or been put in police custody for inflicting pain on the school child with the cane. Around the early 1990 a female teacher at the Koforidua Methodist Primary School caned a school boy and he died two days later. The teacher was nearly lynched, had it not been for the timely intervention of the police (Methodist Primary School Log Book 1990). On another occasion, in 1992 teacher, who was also the Assemblyman, at the Koforidua Sarkodee Local Authority Primary School was arrested and placed in police custody for caning schoolboy who defecated in the classroom at the Sarkodee Local Authority Primary School near Nsukwao-Koforidua (see Report on the Arbitration Settlement between Ramat Ade and Philip Wilberforce Oppong: (Appendix A) . On another occasion in 1999 at the Oyoko-Koforidua Catholic Junior Secondary School, parents attacked a teacher who had disciplined a school boy with the cane. The punishment resulted in some bruises on the body of the boy (see Catholic Junior Secondary School Log Book 1999). 4 University of Ghana http://ugspace.ug.edu.gh At Koforidua Presbyterian 'A' Junior Secondary School , a teacher was nearly lynched after he had allegedly disciplined a school boy who misbehaved, with the cane, which resulted in some cuts on the boy's body. The District Education Welfare Officers intervened and the issue was resolved by paying for the medical expenses. The teacher, I learnt, was later cautioned. The school boy was treated at the Central Hospital. (Refer to the Presbyterian' A' J.S.S Log. Book 1999). At the Koforidua Presbyterian 'B' Junior Secondary School, I witnessed a boy who was being given twelve strokes of the cane in the presence of the headteacher for being a truant and stealing. There is also a debate among officials of the Ghana Education service as to whether corporal punishments are for correction or for some other purposes. Against this background, the study examll1es the mam offences that attract corporal punishments in some schools in the Koforidua Municipality, the extent to which they are used and the number of strokes of the cane used on the child . The study refers to various modern enactments on ch ildren' s rights. The following will be addressed; 1. The historical background of school punishments 111 other jurisdictions such as Europe and in the Gold Coast/Ghana. 5 University of Ghana http://ugspace.ug.edu.gh 11. The status of the child under the various enactments in Ghana. Ill . Some data on corporal punishments from the HEADTEACHERS' HANDBOOK, and the factual situation in some schools in the Koforidua Municipality. IV. Discussion of the data. What lessons can we learn from the study? 1.2 THE OBJECTIVES OF THE STUDY The objectives underlying this study are; 1. To examine the main offences that attract corporal punishments m some schools in the Koforidua Municipality. ii. To find out the extent to which such corporal punishments are used. It will also find out the number of the strokes of the cane used on the school child. 1.3 OPERATIONAL DEFINITION OF CONCEPTS 111 this study the following concepts and variables are defined as follows: Corporal Punishment The infliction of physical pain upon a person's body as punishment for an offence or infraction. It includes beating with the cane. The physical disciplining of children with the 6 University of Ghana http://ugspace.ug.edu.gh cane in schools . It can also be defined as painful measures inflicted directly on the body (Abotchie : 1979). Rights The liberty of subjects or persons enforceable by law. Abuse To maltreat, or treat improperly. Infringement Violation; encroachment on a right or privilege. Guardian ad litem A person who by rights or appointment acts on behalf of another person in litigation taking care of that person's interest in full as a result of the person's inability due to youth or mental incapacity. Motivation Factors within a person that arouse and direct goal-oriented behaviour. A Child A person below the age of eighteen years . 7 University of Ghana http://ugspace.ug.edu.gh Privilege A special right or immunity in connection with legal proceedings. 1.4 THE SIGNIFICANCE OF THE STUDY The study is significant for several reasons. It underscores the fact that any effort at the administration of corporal punishment should have the child as the focus. By focusing on the child the study thus shows the crucial role of the teachers in any attempt at administering corporal punishment in Ghana. The study therefore is a contribution to the ultimate search for, and the ongoing debate on, the quest for legitimizing the rights of the child and enhancing his or her development. The study is to help anyone who is either engaged in the education of the child or hopes to be so engaged including parents. Teachers in the classroom hold the view that discipline in schools without the use of the cane would not be effective. Human Rights activists are also of the opinion that the use of the cane is not only harmful but illegal (U.N. Convention on the Rights of the Child 1997). The conflict between these opposing positions would be better understood by engaging with the data on the subject of the use of the cane from both educational directives and laws available in the country on the subject. The study should be of practical use to persons such as teachers, education officers or administrators, governments, 8 University of Ghana http://ugspace.ug.edu.gh Non-governmental organizations with child-oriented programmes, the police and anyone who has been concerned with social welfare developments. 1.5 RESEARCH METHODOLOGY The study depended extensively on both primary and secondary materials. The sources included official publications and interviews with two hundred and sixty two respondents, who were chosen by simple random sampling. The officials included teachers, education officers, Ghana National Association of Teachers (GNAT) officials, and the police, who deal with matters concerning the child. Since I reside in the Municipality and have worked there for over ten years, I utilized my long stay and my experience as a teacher in the area to analyse, interpret and to evaluate some of the problems that came up as a result of the use of the cane in the schools. 1.6 TECHNIQUES OF DATA COLLECTION The main research tools employed were interviews on visits to schools and offices and secondary data. There were also informal discussions and personal observations . The informal discussions with respondents and personal observations, constituted the essential framework for the data collection. The discussions were attempts to engage the informants in an open and free manner in order to allay any fears they might have entertained on the subject. lnterviews of officials other than the classroom teachers, such as the policemen 9 University of Ghana http://ugspace.ug.edu.gh and Ghana National Association of Teachers Officers were necessary because, the face-to-face encounter with the informants gave the researCGer the opportunity to record information and observations. Such information could hardly have been obtained through the administration of questionnaires. It provided an opportunity for the informants to freely comment on the problem in the light of their varied experiences. The secondary data was collected from the libraries of the University of Ghana, The Ghana School of Law, The Ghana National Commission on Children, journals and other published articles. Child Rights Magazines were also consulted. 1.7 LIMITATION OF THE STUDY lhe limitation encountered was the photocopying of large volumes of material :from libraries. These were done at a high cost. The second major limitation has to do with access to documentation on corporal punishment in schools even though the Ghana Education Service regulations clearly stipulated that the ctdministration of corporal punishment should be recorded in a punishment book by the headteacher. Where the headteachers failed to do this, I relied on the data collected from the interviews. ./ 10 University of Ghana http://ugspace.ug.edu.gh 1.8 ORGANISATION OF THE STUDY The study is organized into five chapters. Chapter one is the introductory chapter which deals with the background to the topic "corporal puniEhments and the rights of the child". It clearly stated the problem, the objective, definition of concepts, the significance of the study, the research methodology, the techniques for the collection of the data and the limitations. Chapter two reviews the literature. It examines the opinions of various authors on whether or not corporal punishments (the use of the cane) should be administered. It also looks at the historical background of school punishments in other jurisdictions and the Gold Coast / Ghana. Chapter Three looks at some objectives of punishment and the General Status of the Child under the various enactments and United Nations Conventions on the child. The chapter also examines the modus operandi of punishments in the light of their functions in the educational system. The chapter also examines the modus operandi of punishments in the light of their functions in the educational system. The chapter also looks at the forms of punishment, why it is administered, the objectives and types. Fl!rther it also looks at the general status of the child under the laws of Ghana. Chapter Four examines the Ghana Education Service rules and regulations on :punishment in schools from the Headteachers' Handbook. It also presents the :factual data or findings collected on my visit to the schools and the discussion C)fthe data. 11 University of Ghana http://ugspace.ug.edu.gh The chapter four also looks at how to preserve the dignity of child and how to handle offending behaviour of children in the schools and whether school children who have been caned can seek remedy at the law courts . In chapter five the following engaged my attention; summary, recommendatiol1s and suggestions and conclusion. 12 University of Ghana http://ugspace.ug.edu.gh CHAPTER TWO LITERATURE REVIEW 2.0 INTRODUCTION Since 1529 when the first castle schools were started at Elmina, it was considered necessary to literally beat 'good' into children and punish them severely when they offended. There is a wealth of published materials on punishment in the legal or penal system in Ghana especially the Review of Ghana Law. There are also outstanding legislations on the rights of the child in Ghana's system and UN Convention on the Rights of the Child. However, there is little literature on the administration of corporal punishments and how they affect the children leading to the infringement of their rights. 2.1 PUNISHMENT AND ITS ADMINISTRATION Okonkwo and Naish (1989) and Hart (1961) asserted that in the administration of punishments, it is necessary to take a look at the circumstances of offences committed and decide on what punishment the offender deserves for his or her conduct. Their approach involved retribution or the wreaking of vengeance and the infliction of pain by society. They also stated that punishment should be able to reIi eve the public's indignant feelings and that it must represent a 13 University of Ghana http://ugspace.ug.edu.gh remarkably high average of the population's VIew In a manner that the law abiding citizen should be able to feel that, the law is effective in protecting every person from infractions by wrong doers. Wilson (1990) and Cowell (1982) believed that wrongdoers ought to get what they deserve and that offenders ought not to be allowed to get away without being punished. They believed in the doctrine of original sin which seemed to support the general belief that all youth was stubborn and rebellious so punishment of the body physically was good for them and their souls. They asserted that punishment of students in order to get them to learn things which were boring and which they did not learn was justified. If the youth are as the above writers have stated, then they might have been corrupted by the elders whose irresponsible examples were emulated, since following Rousseau (1961) the mind of the child is blank, a tabular rasa at the time of birth. Wilson and Cowell supra failed to consider the psychology of the child - i.e. using punishment to break boredom and to force children to learn what they would have otherwise not liked to learn is barbarous and unacceptable. It may be effective, though, only if it is adhered to judiciously and psychologically by making the lesson interesting, practical, using appropriate learning and teaching aids and actually getting the children involved in the process. This is the modern approach to learning. Marascuilo (1971). Pounds' (1982) teachings did not avert their mind to the rights of the child with regard to the use of corporal 14 University of Ghana http://ugspace.ug.edu.gh punishment. Perhaps during their time the practice was acceptable. This study is hopefully geared towards this direction. The British Parliament as far back as 1889 passed a Prevention of Cruelty Act which gave power to the police to permit the entering of a home if there was suspicion of ill-treatment, to apprehend those suspected of ill-treatment or the offender, and for courts to remove such children from their parents. It appeared that the British government realised that ill-treatment of children violated the rights of children hence the passing of the Act. The jurisdiction of this Act should have been extended to the educational system where ill-treatment of children was very rampant. This Act failed to do . Significantly, ninety-seven years later in 1986, the British Education Act was passed. It abolished the administration of Corporal punishment in schools but the European Court ruled that parents had a right to indicate whether or not they wished their children to be punished in that manner. 1]1 a study on the Anthropology of Education edited by Middleton (1970) e]1titled "From Child to Adult", it was stated that a child who neglects a task e]1trusted to him or her may expect to be rebuked or even chastised and that cl.isciplinary punishment is also administered at times. The study gave as an ~)(ample when a boy' 'refuses to go and scare the birds from the field among 15 University of Ghana http://ugspace.ug.edu.gh the Talensi, a hard smack on the haunches sends him scampering" The study further stated that it is necessary sometimes to use rough measures in teaching morals and manners. Burgess (1964) and Guilford (1973) were of the opinion that the use of physical force in child rearing seems to constitute the common core of all physical abuse of children. They asserted that punishments, beatings, drills in schools were regressive, bad for both the punisher and the punished and advocated for the immediate banning of all forms of corporal punishment in public institutions. They cautioned that so long as we condone corporal punishment in schools, we n1Ust admit that we are also willing to place some children in danger of being hurt badly. It was also emphasized that constant superVLSIOn rather than corporal punishment IS required in teaching of children for life and that constant supervIsIOn might be useful but the application of a learning analysis of punishment to the disciplinary technique used by parents is extremely complex (Berk 1980). Parents who punish phys ically serve as models for the children to imitate, while parents who prefer reasoning methods are not only rationally ~ontrolled models in themselves, but also present symbolic models of approved behaviour. There are experiments which show that such explicit instructions are ~onducive to conformity (Allport 1963). It must be noted that some studies 16 University of Ghana http://ugspace.ug.edu.gh have also shown that this depends on age and is therefore not applicable to all children. (Berk 1980) Jehu (1967) also stated that physical punishment may arouse greater resentment over parental demands than reasoning which may also deter one from deviant behaviour by its consequences. He identified an alternative to punishment as reinforcing desired responses which are incompatible with transgression. He advised that instead of being punished for keeping a found purse, a child might be rewarded for taking it to the police station; a method which avoids the undesirable side effects of punishments but it is much slower. Punishment suppresses responses when the child's behaviour constitutes a threat to himself or others so the one who cannot produce the purse can be punished. Burman and Han-ell-Bond (1979) said punishment for behaviour with no significant moral connotation for the individual and his social group will not carry any social cost but pursuit of legal rights may be socially unacceptable . They failed to acknowledge the fact that socially rewarding punishment may eventually affect the individuals . It is, however, argued that the societal interest must be paramount. But what constitute the society's? It is the individuals' rights that form the total societal rights. Significantly, Bentham (1970) stated that law endeavours to promote the happiness of the greatest number so there should be a balancing of individual interests with communal welfare. 17 University of Ghana http://ugspace.ug.edu.gh Farrant (1964) in his book "Principles and Practice of Education" also stated that, corporal punishment, if properly administered in schools, renders effective results for, it makes it a disincentive to wrongdoers. He also failed to recognise the pains that might be inflicted on the body of the child. Cross and Jones (1968) in their book "An Introduction to Criminal Law", stated that an offender must undergo some evil, not in order to satisfy an aggrieved individual's desire for revenge nor as a mark of the public'S disapproval of his conduct, but for his own sake so that he may come to realise the justice of his punishment. They further stated that punishment may also deter the person found guilty of an offence from committing further crimes, not merely by physically preventing him from doing so, but also by making him feel disinclined to risk a repetition of the punishment. Here Cross and Jones are emphasizing the deterrent type of punishment but failed to reconcile the administration of corporal punishment with how it might affect the school child and their rights under the laws of Ghana. It must be noted that there are also recidivists in the schools. Quoting from Smith and Hogan (1965), a recidivist has been described by Dr. Nigel Walker (1963). as; " The offender who neither mends his ways spontaneoLisly nor learns to avoid detection, and is neither deterred by the experience of conviction, nor reformed by any of the measLires in the court ' s repertoire " 18 University of Ghana http://ugspace.ug.edu.gh These are people who commit crimes repeatedly and seem unable to be cured of criminal tendencies, they are persistent or habitual offenders. Some children become used to frequent punishment and are therefore not worried when punished. This renders the purpose of punishment ineffective. There is therefore the need to be circumspective in administering punishment, especially corporal punishment. Denman J., (1952) a believer in strict discipline, suggested that corporal punishment should be very judiciously administered. In a report to the San Francisco Board of Education he said in part that; "I desire to ca ll the attention of the Board of Education to the growing evils and abuses of the use of corpora l punishment, as it is allowed in our public schoo ls ... some of our teachers are in the habit of whipping sensitive littl e boys and girls for Illost trivial offences." In a book entitled Education in California written by Roy W. Cloud, (1952: 247) Jose M. A Estimdillo the writer of the forward to the book made a remarkable statement about punishment and I would like to reproduce it. As the teacher is responsible in the Divine presence for the education and good examples of hi s schoo ls, he Illust answer to the state . For the fulfilment of his obl igation, he has the ri ght to correct and punish his scholars with adv ice, warning and lashes, in case of necessity; and particularly he ought to do it for any failure to learn the doctrine for which 19 University of Ghana http://ugspace.ug.edu.gh he ought not to accept any excuse, nor to pardon anyone fro lll pun ishlllent who fa il s to learn it or who does not commit to memory the lesson whi ch may be given him. Noah Webster, (1936) in The History of Education in America: 4 th edition edited by John D. Pullian called for strict teaching and supported traditional methods of instruction but he was against corporal punishment. In the Bible, it was stated in Proverbs 23: 13-14 that: "Do not withhold di scipline frol11 a child ; If you punish him with the rod, he will not di e. Punish him with th e rod and save h is sou I from death ." In Islam, the traditions of the Prophet (Hadith) stated that children of about ten years should be ordered to pray. But when they refuse they must be caned (Abu Dawud). 20 University of Ghana http://ugspace.ug.edu.gh 2.2 HISTORICAL BACKGROUND OF SCHOOL PUNISHMENTS IN OTHER JURISDICTIONS The desire by the governments of developing countries such as Ghana to search for some viable forms of punishment that would transform children and enhance their development will require among other things the establishment of oversight bodies to superintend the administration of punishments in schools. The realisation that the teaching and learning processes and punishment are intertwined (the stick and carrot Phenomenon), has led to strong arguments in favour of the administration of corporal punishments in schools. The central issue is how correction can be effectively effected devoid of corporal punishment. This goal has been the dominant factor in the education of the child in Ghana. This section examines the main offences that attract corporal punishment in some schools in the Koforidua Municipality, the extent of cane use in schools and the number of strokes of the cane administered. The following questions engaged my attention; 1. what were the forms of punishment during the colonial era? 11. what are the objectives of punishments? 21 University of Ghana http://ugspace.ug.edu.gh 2.3 FORMS OF PUNISHMENT IN OTHER JURISDICTIONS In the past, in Europe various rules and regulations were made by the educational authorities to suppress acts of violence, act of injustice in educational institutions. Offenders of rules and regulations in schools received punishment varying from dozens of strokes of the cane to writing of Jines or staying behind in the classroom during recreational periods to do assignments. Penalties inflicted for the violation of school rules were harsh. Brutality was elevated into the position of a prime deterrent. There were punishments as the use of the scourge, whipping-post and pillory. (Arthur and Evans 1936) Scourge is a whip for flogging people and whipping post is a material for beating. The most universal types of corporal punishment in Europe are; flogging, mutilation, branding, stocks and pillory and confinement. Let us take a closer look at some of these concepts especially those that are used in the educational system. 2.3.1 Flogging ihis type of punishment attempts to beat severely especially with a rod or whip. It was administered in most systems, such as the family, military establishments and academic institutions (Arthur and Evans 1936). In the Bible, the Mosaic 22 University of Ghana http://ugspace.ug.edu.gh Code explicitly advocated for this method of punishment. It states In Deuteronomy Chapter 25: 1-3 as follows; "When men have a di spute, they are to take it to the court and the judges will dec ide the case, acquitting th e innocent and co nd emning the guilty. If the guilty deserves to be beaten , thejudge shall make him lie down and have him flogged in his presence with the number of lashes his crime deserves; but he must not give him more than forty lashes ... " Furthermore the same Bible has also recommended the use of flogging in Proverbs 23:13-14 requiring the use of the rod to punish the child. These are "divine" recommendations that advocate the flogging of offenders. Flogging therefore was instituted from Mosaic Law. It is also common in penal institutions, especially in juvenile reformatories . Before the developE1ent of prisons at the beginning of the nineteenth century, whipping-posts were common in America and England (Senah K.A. 1989-90: Review of Ghana Law). One of the most popular refinement of brutality with the lash (in the Navy especially according to Barnes and Teeters (1950) was the "car-on-nine- tails" constructed of nine knotted thongs of raw hide attached to a handle. 2.3.2 Mutilation 1'his is another method of punishment where offenders had their hands cut off; liars and perjures had their tongues torn out; spies had their eyes gouged out 23 University of Ghana http://ugspace.ug.edu.gh and in some jurisdictions rapists were castrated. In the Egyptian and Assyrian societies rape was punished by castration (Review of Ghana Law Vol. XVII 1989 - 80: 170.) With the advent of Amnesty International and other Human Rights Activists, this type of punishment is continuously being discouraged. However, the principal justification of mutilation as punishment appears to have been based upon the desire to prevent the repetition of a particular crime offence. So during the reign of Henry I of England, the coiners of false money suffered the loss of their right hands and/or their manhood (Pullian 1932). 2.3.3 Confi nement This is the method of punishment where the offender is confined in cells with their hands and feet fastened by heavy chains to the sides. In the early 1830s, in Europe prisoners were treated or punished in this way. The offenders were also chained together at work or in cage wagons at night. They were also cuffed to their cell doors. 2.3.4 Forms of punishment in the Gold Coast/Ghana In 1882 the Gold Coast governor nominated a General Board of Education to serve the Gold Coast and Lagos. With the powers granted by the General Board of Education to make rule in 1902, the Board introduced a system which had been abandoned in England. This system was called 'PA YMENT BY RESULTS' . 24 University of Ghana http://ugspace.ug.edu.gh By this system, the amount of school grants money and for salaries depended on how many children in each standard passed the annual examination conducted by the inspector of schools. With the introduction of the "payment by results" the issue of corporal punishment featured prominently. This system was a policy whereby schools received additional grants of one shilling per student who passed the special examination conducted by the inspectors of schools. On the other hand, the number of students who failed the examination was worked out in a special ratio and subtracted from the class teacher's salary and this attracted teacher's displeasure. (Caulley 1962). Another form of punishment in schools in Ghana has been groundwork. In this, offending children were made to weed the playing field during or after school session. Suspension of recidivists was also not uncommon especially in boy's schools (G.E.S Rules and Regulations on Punishment: Headteachers Handbook, 1994). In the Gold Coast offenders were also laid on tables, stretched by very strong boys of the school and flogged with a cane a dozen or more times especially in Presbyterian schools. There were a number of reasons why corporal punishment was administered in the schools. One of the easiest tasks in the schools is the inflicting of corporal punishment and those who can and do punish think that they have the weight of 25 University of Ghana http://ugspace.ug.edu.gh the law behind them whether in school or in the court which invariably controls the social destiny of mankind . (Arthur and Evan 1936). From studies, it appears the strongest force in the minds of those who desire to inflict physical punishment upon others is the force of fear. The teacher who normally rules by fear and by the administration of corporal punishment is frightened of the consequences if he does not. (Arthur and Evan 1936) According to them, the teacher lacks confidence in his own power as the leader of the group. The feeling is that he cannot inspire obedience in the child so he becomes a martinet and normally not loved by the children. A martinet is one who imposes strict discipline and demands obedience of order. It is necessary to reiterate that the use of corporal punishment is based upon fear, and that, fear is the expression of a weak character in authority (Munn 1956). It is true therefore to state that, those who do not use physical infliction of harm to instil discipline must be extremely sure of themselves . (Arthur and Evan 1936). They pointed out that such persons through experience or by some natural propensity have gained a measure of self-control that might be hard to acquire. The administrators of corporal punishment believe that by inflicting pain on the chi ld, the offence would not be repeated. 26 University of Ghana http://ugspace.ug.edu.gh Corporal punishment may be used as an implement where it is used as a tool, or a device that spares the use of energy which increases the teacher's power by a corresponding decrease of labour. (Derek 1967). Normally, when the teacher strikes, the child resists but as flogs follow flogs the child becomes immuned to the cane and the child's spirit becomes rebellious. Sometimes we see corporal punishment being carried to its full extent i.e. without discrimination or with impunity during the growing stages of the child. When this phenomenon persists, an inferiority complex develops in the child this subsequently leads to hooliganism of the worst form. (Munn 1956). Corporal punishment as a form of external discipline without disciplining the mind often results in a subsequent external lack of control when the child is t-emoved from the area of activity where the punishment is non-available and this often breeds a form of social desperation that leads to anti-social behaviours and interests (Munn 1956). The severity of punishment deters the .potential offender but only when he is faced with the prospect of failure, and the leniency of punishment fails to deter the potential wrong-doer under strong temptation to brave the odds and bear the brunt (Abotechie 1979). 1::0 Ghana, E, Bennett Caulley's work on Indiscipline in schools (1962) Published by the Ghana National Association of teachers (Ghana Graphic Press, «\.ccra) revealed that very many parents and teachers believed very strongly in 27 University of Ghana http://ugspace.ug.edu.gh corporal punishment. Caulley found out that most Ghanaians remember their own childhood or school days and they believe in the scriptural injunction "spare the rod and spoil the child" . Caulley stated that the Ghanaian community affirmed that the fear of corporal punishment was the greatest preventive tool to crime among the youth and that the abolition of corporal punishment at the time was a great calamity. On the question of whether or not corporal punishment should be freely used in schools by teachers. Caulley found that school education in Ghana was naturally associated with corporal punishment and that the cane was the most important item of the class equipment. Corporal punishment was freely used from the first class of the infant school to the top class of the senior school and the children regarded it as a necessary part of their school life . During the period in Ghana, some chi ldren who tried to escape corporal punishment were tracked down and dragged to school by team of strong pupils sent out by the teacher or by the parents themselves. Corporal punishment was administered for such offences as the following (Caulley 1962) a. Wrong sums (sometimes the whole class was punished). 28 University of Ghana http://ugspace.ug.edu.gh b. Incorrect spelling or words of previously taught but expected to be known. c. Failure to memorise a set of piece of work e.g. a piece of prose or poem, catechism references or Bible passages . d. Incorrect answers to oral questions asked by the teacher doing class lessons. e. Failure to bring necessary materials to school. f. Lateness in school drill or singing lesson. g. In-attention in class or talking in class. h. Not doing an assigned work. 1. Deliberate insubordination or disobedience. J. Other purely personal vindictive reasons. According to Caulley, by 1945 canmg m the schools had sunk to terrible depths . Several cases of brutal assaults by school teachers on their pupils were reported to heads of Educational Units and to the Education Department. The Education Department became apprehensive of the situation and after carefully considering complaints from parents and medical officers it decided to act. In 1947 the Central Advisory committee on Education in the Gold Coast decided that the rules regarding corporal punishment in Government schools should be adopted in non-government schools and all Educational Units were 29 University of Ghana http://ugspace.ug.edu.gh gIven notice of this decision. I quote the following two letters to prove the above paragraph. Department of Edu cation Conf. No. 372 1/2 Accra 27 th September, 1946 Reverend Sir, CORPORAL PUNISHMENT OF SCHOOL CHILDREN I attach fo r your informat ion a copy of a letter, wh ich 1 have rece ived on the above subj ect from Dr. J. Mc Douga ll Eckstein of Kumas i. i here is no doubt that brutal assau lts are made by more than a few teachers on the ir pupil s under the name of corporal punishment. On a number of occas ions in recent yea rs children have been bro ught to medi cal offices and seni or offi ces of thi s Departm ent in the co lony and Ashanti bl eed ing from cuts aCross the face and the front of the body infli cted wi th canes by their teachers . I propose to bring thi s matter for discuss ion in the Central Adv isory Commi ttee on Ed ucation and in the mea ntime, I should be grateful if you would take what acti on yo u can to prevent such assaults in schoo ls by teachers of yo ur mi ss ion. I have the hour to be (Rev) Sir Your obed ient serva nt Sgd. T. Barton Director of Education Accra November 1947 (Reverend) Sir, CORPORAL PUNISHMENT OF SCHOOL CHILDREN 1 have the honour to info rm you that the Central Advisory Committee on Educat ion has unanimously recommended th at the rules regarding corporal punishment in Government schoo ls be adopted in ''l on-government schoo ls. "Thi s recommend ati on was made afte r th e commi ttee has ta ken note of th e present unsatisfactory ~ ituat ion in wh ich under th e name of corpora I punishment bruta I assa ults have repeated Iy been made Q )1 schoo l children. It is the view of thi s Department th at a teacher who re li es on the infli ction of pai n in order to achieve <:t parti cular standard e ither of di sc ipline or of work in hi s c lass in defi cient both in human sympathy <:t J1d in profess ional skills, and that the progress ive di suse of corporal punishment is not a lnani festa tion of modern sentimentality but bea rs a c lose relat ionship to a teacher's sui tabili ty and ~ompetence fo r hi s work. 30 University of Ghana http://ugspace.ug.edu.gh A copy of the rules is attached, and I should be grateful if you adopted in the schoo ls under your contra I. I have the honour to be (Rev) Sir Your obedient servant Sgd T. Barton Director of Educat ion. The rules governIng the administration of corporal punishment in Primary schools stated that it should not be inflicted on any infant or junior pupil, nor on any girl pupil and may only be administered to a senior boy pupil in the presence and on the specific authority of the Headmaster or principal teacher. The rules stated that exceptionally serious misconduct continued after warning, should be dealt with by reporting to a higher authority. I reproduce the rules as at then; a. Corporal punishment will be administered only under the conditions laid down above. b. Corporal punishment will be held to mean strokes with a normal cane on a pupil, and no other kind of physical infliction will be permitted . c. Not more then six strokes will be given without previous reference to a senior office of the Education Department in not available, of the Political Administration. d. Pupils will not be stripped 111 any way for the infliction of Corporal punishment. 31 University of Ghana http://ugspace.ug.edu.gh e. Pupils will not be "thrown" or "stretched" for corporal punishment but will' bend over" in the usual manner. f. Corporal punishment will be inflicted on the same day that the commission of the offence in established . g. A punishment book will be kept by the Headmaster or Principal Teacher and an entry made in it as soon as corporal punishment has been inflicted showing the date, the pupils age, and class, the offence, the number of strokes and any remarks by the Headmaster or Principal Teacher. h. A copy of the week's entries will be despatched to the Manager's office each Saturday morning and will there be filled. 1. The second clause of (b) above means that any such action as or the knocking of their heads' so as to cause tnJury or pam will be discontinued. J. Any breach of these instructions will be regarded as both a breach . of discipline and a sign of inefficiency. According to Caulley (1962) during 1948 the rules governmg corporal punishment in schools were exhaustively discussed by all the Educational Units Teachers' Associations in the country. Caulley stated that at an Annual Delegates Conference in January 1949, the Gold Coast Teachers Union adopted a resolution condemning the indiscriminate use of the cane on school children. 32 University of Ghana http://ugspace.ug.edu.gh On the effect of the infliction of corporal punishment on the schoul child Caulley collected views of some teachers as: a. Although corporal punishment may compel a child to learn harder it does not aid the cultivation of love learning b. The fear of punishment may prevent a child from bad behaviour but it does not correct bad habits not aid in building good character. c. It does not aid thinking and the sign of a stick may frighten the pupil and upset the training of thought; so it should not be in the hands of the teacher at all during lessons. d. It is an easy way out of immediate difficulty, and its use is a sign of the teacher's failure to inspire confidence and maintain discipline. e. It may act as predisposing factor for diseases . f. It has a brutalising effect and many create in the child a dislike for the subject taught. g. In very rare cases it may be used as the last resort in accordance with the rules, by the head teacher or his or her unprovoked deputy. It is because of the indiscriminate use of the cane in educational institutions that prompted the insurance of the Rules and Regulations on Punishments in Ghana (The Headteachers' Handbook). 33 University of Ghana http://ugspace.ug.edu.gh CHAPTER THREE SOME OBJECTIVES OF PUNISHMENTS 3.0 INTRODUCTION No matter the view or opinion one holds about punishment it may be both helpful and detrimental to society. There are several objectives of punishment, it acts as a preventive measure, serves as a restitution or compensatior. to the victim. It also has the motive to transform or reform the offender. 3.1 DEFINITION OF PUNISHMENT The Webster ' s Third New International Dictionary (1936) defines punishment a,s a penalty for an offence and for reformation and prevention - any damage or pain inflicted on an offender through judicial procedure aiming at their prevention, retribution or reformation. lhe World Book Dictionary Vol.2 (1993) edited by Clarence L. Barnhart and Robert K. Barnhart also defines punishment as: " pain, suffering, or loss for fau It or offence " Punishment also refers to: " anything which causes the child disappointment or unhappiness, i.e. bearing, across word, failing at a 34 University of Ghana http://ugspace.ug.edu.gh task, being made to look foolish , or being kept in for extra work etc." (O 'eser O.A. ; 1955) 3.2 SOME OBJECTIVES OF PUNISHMENT Preventive punishment prevents a person from committing crimes of offences especially during the period in which the offender is undergoing the punishment. The direct preventive effect of punishment is, however, limited in time and has the drawback that it prevents the offender from doing good as well as from doing evil. In awarding sentence, particularly where the court set out to award a preventive sentence, all the circumstance must be considered. (Kenny 1962). The objective of punishment is said to be deterrent when the punishment of the offender deters others from committing the offence for which he was punished. (Smith and Hogan 1978: 14). This means that the offender will feel disinclined to risk a repetition of the punishment. For punishment to achieve the deterrent object, it is necessary the penalty should be one that is likely to immediately follow the offence. A deterrent punishment must exceed the gains of the offence and exceed it in so palpable a fashion as to impress the imagination of would-be offenders and make it quite that if caught they would lose far more than the gained by the offence. (Lord Godhard 1956). If there are circumstances tending to mitigate the application of deterrent principle, ten reasons must be 35 University of Ghana http://ugspace.ug.edu.gh given why those circumstances must be ignored, if a deterrent sentence was imposed. (per Taylor 1. in HARUNA V THE REPUBLIC 1980 GLP 189 at 191). Deterrent punishment should deter the offender and others inclined to offend. In the case of punishment with the object of restitution or compensation, the victim features eminently. Here the offender makes good the damage or the loss he has inflicted upon his victim. The victim like Shylock is entitled to his pound of flesh, (Dokurugu 189-90). Dokurugu quoting Fry (1964) suggests that if the culprit is incapable of making proper restitution to his victim, the state should do so in his stead. Restitution is concerned with restoring the moral balance disturbed by the offender's behaviour. (Dokurugu: 1989-90 Review of Ghana Law). Goodhart (1967) argues that retribution in punishment is an expression of the community's disapproval of the offence and if this is not given recognition, then the disapproval may also disappear. A community which too ready to forgive the wrongdoer may end up by condoning offence. Another characteristic of a restitutive punishment is that the punishii1ent is proportionate to the offence committed. The punishment must fit the offence. In D.P.P. V OTTEWELL I, Lord Reid said; " that there is a " tariff' for each kind of offence wh ich is varied upwards or downwards accord ing to the circumstances of the offence I. (1970) A.C. 642 36 University of Ghana http://ugspace.ug.edu.gh and the characte r of the accused . Offences of a parti cular kind vary so vastly, however in gravity tha t th e re cann ot and sho uld not be any " norm al" sentence, and there is no workable stand ard by wh ich to judge whether any particular standard is extend ed beyond what is no rmal " . Retributive punishment also seeks to do justice equalitl ad has the pnme object of the protection of the public by the maintenance of law and order. The modern penal system is directed to the rehabilitation of the offender (Smith and Hogan 1978). It is realised that whatever punishment that is imposed the offender will eventually return to the community. In the I ight of this, punishment will reform the offender is one of the principal objectives of the penal system (Senah K. A. 1989-90). It is essential that in assessing the offenders culpability, his social and domestic background should be examined more closely Stratifield Committee (1961) command 1289 at 76. Reformists contend that behaviour of persons can be transformed by engaging them in assorted and tailored programmes which focus on re-education and re- integrations. Z. (1 964) Crim L. R. 22 . 37 University of Ghana http://ugspace.ug.edu.gh 3.3 GENERAL STATUS OF THE CHILD UNDER THE VARIOUS ENACTMENTS AND UNITED NATIONS CONVENTION ON THE CHILD Who is A Child in Ghana? There is no one definition of a child in terms of age in Ghana. From the cultural context a person of about fourteen years old, married with children, and wealthy would not be considered a child (Bown and Tomori 1979) Again a person is not an adult when he has not achieved full physical development and is expected to have the right to participate as a responsible homemaker, worker and member of society (Houle 1972:229). A person who has thirty years old, unmarried, childless and a man of straw could be regarded as irresponsible and often relegated to the background when major decisions of the family are being taken simply because by cultural standards, he is a child based on his irresponsibility. Interestedly, by the 1992 constitution of Ghana a person between the ages of 0-39 years is disqualified from the Presidential candidate for being a minor. Recently, the Law Reform Commission was asked to solicit views concerning the age of majority. The 1992 constitution has resolved the issue by defining a "child" as "a person below the age of eighteen years" (Articles 28(5), for this purpose, 38 University of Ghana http://ugspace.ug.edu.gh Article 28 states that; (1). " Parliament shall enact such laws as are necessary to ensure that, a. Every child has the same measure of special are, assistance as is necessary for its development from its natural parents except where those parents have effective surrendered their rights and responsibilities in respect of the child in accordance with the law; b. Every child whether or not born in wedlock shall be entitled to reasonable provision- out of the estate of his parents. c. Parents undertake their natural right and obligation of care, maintenance, and upbringing of their children in co-operation with such institution as parliament may, by law, prescribe in such manner that in all cases the interest of the children are paramount; d. Children and young persons receive special protection against exposure to physical and moral hazards; and (2) . Every child has the rights to be protected from engaging in work that constitutes a threat to his health, education or development. (3). A child shall not be subjected to torture or other cruel inhumane or degrading punishment. 39 University of Ghana http://ugspace.ug.edu.gh (4) . No child shall be deprived by any other person of medical treatment, education or any other social or economic benefi t by reason only of relig ious or other beli efs. (5) . For the purpose of thi s article, "child " means a person below the age of eighteen years. Section one of the Children's Act 1998, Act 560 also defines a "child" as, "a person below the age of eighteen years" . 3.4 THE STATUS OF THE CHILD UNDER THE LAWS OF GHANA Ghana has a number of legislative instruments which affect the welfare of children by protecting them from physical injuries, inhumane treatment, economic exploitation and promoting their development. These legal provisions contain elements which are consistent with the United Nation Convention on the Rights of the Child. It is essential at this juncture to consider some of these laws that are relevant to the research topic . Children have the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment. The Criminal Code of Ghana, 1960, Act 29 (sections 3, 32 and 34) protect the child from the use of vnjustifiable force for his correction . Article 28(IC) and 28(3) supra of 1he 1992 constitution have also emphasized the prohibition of child maltreatment in ~ny form. 40 University of Ghana http://ugspace.ug.edu.gh It is worthy to note also that Article 19 of the United Nations Convention on the Rights of the Child which Ghana has ratified states that; "state parti es shall take all app ropriate legislat ive, admini strati ve, soc ia l and educati onal meas ures to protect the child frolll a ll forms of physical or mental violence, injury or abuse, neg lect or negli gent treatment, maltreatment or exploitation, including sexual abuse whil e in th e ca re of parent(s) , lega l guardian(s) or any other perso n who has the care of the child " . (emphas is is mine) In addition section 6 (3) (a) of the Children's Act 1998, Act 560 states that; " parents have rights and responsibilities to protect the child from neglect, discrimination, violence, abuse, expose to physical and moral harzards and oppression" . The issue therefore is, can corporal punishments be administered in our schools and if they can, what happens when in the course of the administration, physical injury is inflicted on the body of the child? Can legal action be taken against the teachers? Can parents go to court under sectiun 6 (3) (a) of Act 560 supra and take legal actions against school authorities for inflicting injuries on the body of the child? It is also worthy to note various legislations which attempt to spell out the role of the OPINION OF THE CHILD on matters affecting him. Article 12 of the United Nations Conventions on the Rights of the Child read together with 41 University of Ghana http://ugspace.ug.edu.gh Section of the Children's Act, 1998, Act 560 of Ghana, clearly state that; "No person shall deprive a child capable offo rmin g views the right to express an op inion to be li stened to and to participate in dec isions which affect hi s we ll-being, the op inion of the child being given due we ight in accordance with the age and maturity of the child." Both legislations explicitly indicate that the child has the right to express his or her opinion freely and to have that opinion taken into account in any matter or procedure affecting the child, should the opinion of the child concerning the administration of corporal punishment be respected? If his or her opinion conflicts with that of the school authorities, which of the parties' decision is valid under the laws and which should prevail? In order to provide credible answers to these questions it IS peliinent to consider the ultimate aim of education. The uni versal aim of education is " to develop the child's personality, talents and mental and physical abilities to the fullest extent". It shall prepare the child for an active adult life in a free society and foster respect for the child's parents, hi s or her own cu ltural identity, language and values, and for the cultural background and values of others. 3 This type of education must of necessity be in the best interest of the child and J . Act 560 Section 2 ( I) and (2). 42 University of Ghana http://ugspace.ug.edu.gh this "best interest" of the child shall be the pnmary consideration by any person, court, institution or other bodies 111 any matter concerned with the child4 . In a typical Ghanaian community, the child is to listen but not to be heard. Ghanaian communities are adult-oriented and within both the nuclear and extended families children are not allowed to give their opinions on even on matters that affect them, especially in the traditional or illiterate homes. They are to swallow whatever bait they are given. In my view, this is unfortunate because children are constantly exposed to new information either through the medium of the media or from peers. They are sometimes better equipped with relevant information on certain issues and they must therefore be heard. Fortunately, the school system through the institution of the Students Representative Councils (S.R.Cs), offers children the ability to discuss and interact meaningfully with adults on issues that affect their very existence. Respecting the views of children on corporal punishment therefore cannot be over-emphasised and for me, the child's opinion on the matter is in th.e right direction considering the dynamic nature of society. Section II of Act 560 1988, must therefore be adhered to strictly in order to ascertain the fruitful development of the child . When children are given the opportunity to express 4 Article 29 of the U.N. Convention on the Rights of the Child. 43 University of Ghana http://ugspace.ug.edu.gh their opinions on issues that affect them, it actually prepares them for life where they would be solely responsible for their own actions and omissions. The law makers realize that the infliction of physical injury, torture and any other inhuman treatment of the child affects the child's development. The infliction of pain on the child for a wrong done negatively affects the child's confidence in life. The law makers advocates that, teachers should think of children as human beings like themselves, study them individually because, each one comes from different home with completely different backgrounds, different temperaments and different peculiarities. It is therefore important to build up a tradition of law and order in schools which should be maintained by the will of the members, and not by any outside authority. In this way, the law makers believe the children can behave normally at all times. When the cane is used indiscriminately it scares the child and hampers the natural progress of the child thereby affecting the future of the nation since they are the future leaders. In addition the infliction of pain and bruises on the body of the child constitutes criminal assault. There is therefore the need for intervention. The U.N Convention on the Rights of the Child ratified by Ghana is very timely and must be strictly adhered to. 44 University of Ghana http://ugspace.ug.edu.gh There have been remarkable awakenings throughout the world to the rights of every child to education. However, although marked progress has been made in extending educational facilities to large proportion of children, most governments , have far from fulfilled their educational obligations to retain the child in school. If, therefore, the use of the cane will deter the youth from attending school, the already high illiteracy rate in developing countries will be compounded. It is therefore necessary to institute a check on the use of the cane in schools, take full account of the child's best interest and to prepare him or her for an active adult life. 45 University of Ghana http://ugspace.ug.edu.gh CHAPTER FOUR 4.0 GHANA EDUCATON SERVICE (GES) LAID DOWN RULES AND REGULATIONS ON PUNISHMENT Table 001 shows the offences anticipated to be committed by the school child, the number of times the offence is committed and the recommended punishments as laid, down by the Ghana Education Service Rules and Regulations on Punishment. Table No. 001, G.E.S. RULES AND REGULATIONS ON PUNISHMENTs Offences Instances Recommend punishment 1. Habitual lateness 1S l Warning 2 11 (1 Refer to Welfare Officer/Class teacher to investigate and counsel. 3rd Withdrawal of privileges, i.e. restraining a pupil from attending a school social activity. 2.Absenteeism, truancy, 1s t Warning leaving school under false pretence 21ld Refer to Welfare Officer/Class Teacher to investigate and counsel. 3r d Assign some responsibilities/change of school. 3. Littering on School 1s l Tidying or clearing of area littered. compound 21ld Give groundwork e.g. scrubbing verandas, toilets , etc. 3r a Planting of grass, flowers , trees on school compound and tending for one year. 4. Take-bearing or telling 1s t Warning and rendering an apology-record in the Lies disciplinary book. 21ld Strong warning and rendering an apology-record in the disciplinary book. 3rd Refer to Welfare Officer/Class Te2cher to investigate and counsel. 5 Source: G.E .S. Headteachers Handbook ( 1994) Appendix 2 pp. 259 46 University of Ghana http://ugspace.ug.edu.gh 5. Fighting 1s l Strong warning 211 (1 Caning 3 rcl Ground work 6. Quarrelling/Teasing 1S I Strong warning 211d Caning 3 rd Ground work 7. Stealing 1S I Strong warl1lng accompanied by return or replacement of the stolen item 211d Caning-replacement 31d Groundwork -replacement of the stolen item. Refer the pupil to the Welfare Officer for investigation and counseling. 8. Squandering of school fees 1S I Counsel and report conduct to parent. 211c1 Parents to be counseled to pay gees themselves . Give child groundwork. 3rd Caning - Report child to Welfare Officer. 9. Illicit use of drugs 1s l Strong warnll1g - Refer to the Welfare including drinking alcohol Officer/Class Teacher investigates and counsel. and smoking 211d Caning. 3rd Suspension. 10. Flouting authority 1s l Rebuke in front of class/or at school assembly. Pupils to apologise and later carry out the assignment he has been given. 211c1 Caning. Suspension, withdrawal in the case of support ') rd .J from parents . 11. Assault on colleagues 1s l Warning 2nd Caning 3Id Withdrawal 12. Assault on staff 1S l Strong, warning/groundwork 2nd Suspension/Caning 3rd Withdrawal 13 . Sexual misconduct 1s l Caning and Suspension 2nd Withdrawal 14. Pregnancy/Termination 1s l Withdrawal and transfer of pregnancy 15. Boycott of examination 1S l Strong warning 2nd To be made take the examination papers 16. failure to do homework ] sl Detention (during pupils leisure time) to do extra work 2nd Refer to Welfare Officer/Class Teacher to investi gate and counsel. 17. Leaving school without 1S l Warning. permiSSion 47 University of Ghana http://ugspace.ug.edu.gh 2nd Give class exerc ise or groundwork during leisure hours. Bar pupil from schoo l social act iv iti es for a period. ] 8. MisLlse/ loss school 1s t Warning and rep lacem ent of los t item property NB: Caning should not exceed for strokes and must be administered by the Headmaster/mistress or under his/her supervision and recorded. Sanctions should in all cases be appropriate to the age of pupil and the misdemeanour involved. 4.1 DATA ON CORPORAL PUNISHMENTS IN THE SCHOOLS IN THE KOFORIDUA MUNICIPALITY With the research topics in mind , a comprehensive chart showing the facts and figures with regards to corporal punishments in the municipality is presented. The attached summary covers schools where corporal punishment is practised; type of offences that attract corporal punishments, number of strokes of the cane that are administered; the person who actually did the caning, any aftermath consequences, any solution, whether the caning should continue or not and whether the teachers are aware of laws on phys ical violence, injury and maltreatment against the child. The data below represents the responses to questions put to teachers in the schools in the Koforidua Municipality. The data will assist in identifying the number of teachers interviewed, number of those in favour of the use of the 48 University of Ghana http://ugspace.ug.edu.gh cane, number of those aware or not aware of the Rights of the ch ild and the law on violence, injury and maltreatment. The data will be used to find out the extent to which the cane is used in schools in the study area. I shall then discuss the varIOUS punishments that are gIven for offences committed. 49 University of Ghana http://ugspace.ug.edu.gh Table No. 002: EVENTS THAT ACTUALLY HAPPENED IN THE SCHOOLS 1 2 3 4 5 6 7 8 9 Names of school and Whether Types Number of Who does the Aftermath Any Should Whether aware of number of teachers caning of offence strokes of the caning consequences for solution canning Child Righ ts Laws practiced in cane the punishers continue? on violence injury the school and maltreatment SDA JSS ' A' Refusal to do Between 3 and Any teacher - - Yes Y = 4 Koforidua Yes homework, 4 N = 7 11 Teachers Fighting, Disturbing Sarkodee LI A JSS ' A ' Refusal to respond Between 3 and Any teacher A teacher- The district Yes Y = 12 ' B' 'C ' Yes to be bell, 6 assembly-man who welfare went N = 3 15 Teachers Loitering during disciplined a to resolve classes, watching school boy was the issue pornographic arrested by the pictures, Truancy, police lateness, fighting, rudeness Koforidua Wesley JSS Lateness, disturb , Between 2 and Any teacher - - Yes Y = 4 11 Teachers Yes failure to do 6 N = 7 homework, quarreling, loitering Freeman Methodist JSS Refusal to do Between 2 and Any teacher - - Yes Y = 8 'A' & ' B' Yes housework, 6 N = 3 II Teachers Arrogance, Truancy, Lateness, Stealing 50 University of Ghana http://ugspace.ug.edu.gh Table No. 002 (Contd): EVENTS THAT ACTUALLY HAPPENED IN THE SCHOOLS 1 2 3 4 5 6 7 Truancy, fighting, Between 4 and Any teacher Yes Y = 10 Koforidua St. Peters JSS Yes refusal to do 6 N = I ' A ' and ' B' II Teachers homework, Disobedience St. Joseph Hospital Fighting, Disturbance Between 1 -4 An y teacher Yes Y = 3 School 6 Teachers Yes Failure to do N =3 homework, lateness, I Truancy Effiduase Presby JSS ' A' Disturbing, Pilfering, Between 3 and Any teacher ' B' Yes Bullying, Quarrelling 6 Asokore SDA Demons Improper dressing Between 3 and Any teacher Yes Y = 12 JSS 'A' ' B' and 'C' Yes Disturbance, 6 N = 2 14 Teachers Lateness, Stealing, Fighting St. Anne 's Anglican JJ Disturbance Between 2-6 Any teacher Yes Y = 3 ' A ' and ' B' Yes Failure to do N = 8 II Teachers homework, Lateness Asokore Salvation Army Lateness, Making Between 2 and Any teacher Yes Y = 5 JSS ' A' and ' B ' II Yes noise, Truancy, 6 N = 6 Teacher Quarrell ing 51 University of Ghana http://ugspace.ug.edu.gh Table No. 002 (Contd): EVENTS THAT ACTUALLY HAPPENED IN THE SCHOOLS 2 3 4 5 6 7 Jimapo LlA JSS 6 Quarrelling Between 2 and Any teacher Yes Y=4 Teachers Yes Lateness, 6 N=2 Disturbance Failure to do homework, Refusal to work on plots Archbishop Lemaire ' s Refusal to do Between 3 and Any teacher Yes Y = 5 Anglican JSS Yes homework, Lateness, 6 N = I 6 Teachers Disobedience, Pilfering Khalid Ibn Walid Islamic Fighting Loitering Between "j Any teacher Yes Y = 10 JSS 'A' and ' B' Yes about, Lateness, and 6 N = 1 11 Teachers Rudeness, Failure to do homework, Mahd-Deen Islamic JSS Truancy, Lateness Between 4 and Any teacher Yes Y = 8 ' A' and ' B ' Yes Arrogance, 6 N = 3 11 Teachers Quarrell ing, Disturbance Oyoko Methodist JSS 'A' Truancy, Lateness Between 4 and Any teacher Yes Y = 7 & ' B ' Yes Arrogance, 6 N = 4 II Teachers Quarrelling, Disturbance Rev. Fr. Sarfo Mem. Lateness, Failure to Between 2 - 4 Any teacher Yes Y =2 Anglican JSS 6 Teachers Yes do homework, N=4 fighting, Stealing - -- 52 University of Ghana http://ugspace.ug.edu.gh Table No. 002 (Contd): EVENTS THAT ACTUALLY HAPPENED IN THE SCHOOLS 2 3 4 5 6 7 Freeman Methodist JSS Rudeness, Lateness, Between 2 and Any teacher Yes Y = 4 'A ' and ' B' Yes Untidy Plots, 4 N = 7 11 Teachers stea ling, truancy Wes ley JSS ' A' and ' B' Leav ing school Between 2 and Any teacher Yes Y = 6 II Teachers Yes without permiss ion 6 N = 5 I Apimpoa Islamic JSS ' A' Lateness, Bully ing, Between 2 and Any teacher Yes Y = 8 and ' B' Yes Stealing, Disturbing, 4 N = 3 II Teachers Weak morals A.M.E. Z ion JSS 6 Weak mora ls, Between I and Any teacher Yes Y = 6 Teacher Yes Lateness, Pilfering, 6 N = 5 Sexual Misconduct 53 University of Ghana http://ugspace.ug.edu.gh Table No. 002 (Contd): EVENTS THAT ACTUALLY HAPPENED IN THE SCHOOLS 1 2 3 4 5 6 7 8 9 Eva-Maria ISS 6 teachers Lateness, Failure to 3 Any teacher - - Yes Y =4 Yes do homework, N =2 Stealing Koforidua Presby' A ' Lateness, Pilfering, 3 Any teacher Once bruises The District Yes Y = 5 6 Teachers Yes Failure to do were inflicted on Education N = I homework the child and Welfare Officers parents reacted came into solve the problem Koforidua Presby 'C' Lateness, bad Between 3 and Any teacher - - Yes Y = 5 6 Teachers Yes handwriting, parental 12 N = I report RIC ISS Oyoko ' A' Truancy, 4 Any teacher In 1999 a child PT A intervened Yes Y=7 and 'B' Yes Disobedience, Fai lure was inflicted N = 4 1 1 Teachers to do homework, with bruises teasing St. John Boseo ISS Disobedience, Between 2 and Any teacher - - Yes Y =4 6 teachers Yes Lateness, weak 4 N =2 morals, Failure to do homework, Fighting Nana Kwaku Boateng ISS Lateness, Between 2 and Any teacher - - Yes Y = 18 20 Teachers Yes Disobedience, Failure 5 N =2 to do homework, Truancy Asokore Methodist JSS Pilfering, Weak Between 2 and Any teacher - - Yes Y = 7 ' A ' and 'B ' Yes morals, Truancy, 6 N = 4 11 Teacher Quarrelling Asokore Catholic JSS 'A' Fai lure to do Between 2 and Any teacher - - Yes Y = 8 and ' B ' Yes homework, 6 N=3 11 Teachers impudence, Lateness, Stealing, Fighting 54 University of Ghana http://ugspace.ug.edu.gh Table 003: NUMBER OF STROKES OF CANE ADMINISTERED BY THE TEACHERS: SUMMARY N arne of school Number of strokes S.D.A 1.S.S. 3 to 4 Sarkodee 1.S.S. 3 to 6 Wesley 1.S.S. 4 to 6 Freman 1.S.S. 2 to 6 S1. Peters 1.S.S. 4 to 6 S1. 10seph 1.S.S. 1 to 4 Effiduase Presby 1.S.S. 3 to 6 Asokore Salvation 1.S.S. 3 to 6 S1. Alme ' s Anglican 1.S.S. 4 to 6 Asokore Salvation 1.S.S. 2 to 6 Archbishop Lemanine 1.S.S. 3 to 6 Khalid In Walid 4 to 6 Malid-Deen Glamic 4 to 6 A.M.E. Zion 1.S.S. 2 to 4 Eva-Mana 1.S.S. 2 to 4 Koforidua Presby' A' 1.S.S. 2 to 6 Koforidua Presby 'C' 1.S.S. 3 Oyoko RJC 1.S.S. 4 S1. 101m Boso 1.S.S. 3 to 12 Nana Kwaku Boateng 1.S.S. 4 Asokore Methodist 1.S.S. 2 to 4 Asokore Catholic 1.S.S. 2 to 5 Oyoko Methodist 4 to 6 Rev. Fr. Sarfo Memo 2 to 4 Apimpoa Islamic 2 to 4 55 University of Ghana http://ugspace.ug.edu.gh From the data every school in the municipality uses the cane as a corrective tool. The offences that attract the cane include; refusal to do homework, fighting, disturbing, loitering when lessons are in progress, truancy, lateens, rudeness, pilfering. Bullying improper dressing, arrogance, bad handwriting, weak morals, refusal to work on plot and watching pornographic pictures. The number of strokes of the cane inflicted on the child varies with the type of offence. But on the average an offence attracts between two and six strokes of the cane. The data also reveal that any teachers at all could administer the cane on the child when the child ' s behaviour contravenes the laid down rules and regulations in the school system. It is obvious that the use of the cane by teachers was indiscriminate because the punishment was never preceded by any meaningful examination of the circumstances and of the individual cases to ascertain the remote or immediate causes of the misbehaviour. Occasionally, the use of the cane on the chi ld has resulted in undesirable consequences . In fact some of those who inflicted the pain has been arrested by the police, other teachers who caused bruises on the body of the child were attacked by the child's parents. Sometimes the District Education Welfare Department has to intervene to resolve the issue. 56 University of Ghana http://ugspace.ug.edu.gh In 1999 at the Oyoke Roman Catholic lS.S where a teacher inflicted bruises on the body of a school child when he caned him, the Parents Teacher Association (P.T.A) had to intervene by paying all the hospital expenses incurred by the child's parents for receiving medical attention. Again when a Teacher- Assembly-Man who teaches at Sarkodee for lS.S slapped a school child for defecating in the classroom, the case was sent to court but was later referred to an arbitration panel for settlement (see Appendix A). Finally, the Teacher-Assemble-Man had to pay ¢ 10 0,000 .00 to the child's parents as compensation. As to whether caning should be continued in the school system, all the two hundred sixty two teachers interviewed responded in the affirmative. Most of the teachers stated emphatically that "a school system can not operate properly without the use of the cane". Some responded that "the African child cannot be spared the cane" and that the "cane is ·an important teaching and learning equipment" . When asked whether the teachers were aware of Child Right Laws on violence, injury and maltreatment 171 out of262 answered yes. Constituting 62 .3% of the sampling unit, the remaining 91 representing 37.7% responded in the negative . 57 University of Ghana http://ugspace.ug.edu.gh Table No. 004: ARE TEACHERS AWARE OF CHILD RIGHT LAWS ON VIOLENCE INJURY AND MAL TREA TMENT? SUMMARY Name of school Reponses Yes No S.D.A 1.S.S. 4 7 Sarkodee 1.S.S. 12 3 Wesley 1.S.S. 4 7 Freman 1.S.S . 8 ') -' St. Peters 1.S.S. 10 1 St. 10seph 3 3 Effiduase Presby 'A' & ' B ' 2 9 Asokore SD.A. Demons. 12 2 St. Anne's Anglican ') -' 8 Asokore Salvation 5 6 lumapo LlA 1.S.S . 4 2 Archbishop Lemaire 5 1 Khalid Ibn Walid 10 I Malid-Deen Islamic 8 3 Oyoko Methodist 1.S.S 7 4 Rev . Fr. Sarfo Mem. 1.S.S 2 4 Aimpon Islamic 8 ') -' A.M.E. Zion 6 5 Eva-Mana 1.S.S. 4 2 Koforidua Presby W. 5 1 Koforidua Presby 'C' 5 I Oyoko RIC 7 4 S1. 10hn Boso 4 2 Nana Kwaku Boateng 18 2 Asokore Methodist 1.S.S . 7 4 Asokore Catholic 1.S.S. 8 3 N = 171 N = 91 58 University of Ghana http://ugspace.ug.edu.gh Table No. 005: TYPE OF OFFENCE AND PUNISHMENTS SUMMARY FROM TABLE 002 Type of offence Punishment Instance Who administer Fighting Caning Any time at 151 instance And teacher Disturbing " " " Loitering " " " Truancy " " " Lateness " " " Stealing " " " Failure to do homework " " " Bullying " " " Rudeness " " " Leaving school without " " " permIssIOn Sexual mi sconduct " " " Teasing " " " 4.2 FINDINGS OF THE STUDY AND THEIR DISCUSSIONS From the Ghana Education Service regulations, the following offences should attract the use of the cane on only second instance of committing the offence. • Fighting • Quarrelling • Stealing 59 University of Ghana http://ugspace.ug.edu.gh • Squandering school fees • Drug abuse • Flouting authority • Assaulting • Sexual misconduct There is also a caveat that where it becomes necessary that the cane should be administered, it should not exceed four strokes and must be done by the headmaster or headmistress or under his or her supervision and must be recorded in the punishment book. From the data collected from the schools it has become obvious that the Ghana Education Service regulations are being flouted with impunity by the teachers. It was obvious from the data collected that almost every offence attracted the cane. This practice as we can see is in contravention of the rules and regulations of the profession and must be stopped without delay . The educational authorities often stress the indiscriminate use of the cane. On one occaSIOn the then Acting Director-General of the Ghana Education Service, Mr. Alex Tettey-Enyo, advised parents to avoid the use of physical punishment, insults and constant critic ism as a means of correcting their 60 University of Ghana http://ugspace.ug.edu.gh children. He stated that children are discouraged when such methods are used and went further to advocate for the alternatives like isolation and withdrawal of privileges. 6 This timeous advice should not only go to parents but also to all other stake- holders of the education system especially the teachers. In any case the use of the cane does not only discourage the children but more importantly, it infringes on the fundamental rights of the child because it amounts to cruel inhuman or degrading treatment or punishment.? It is this abuse of the Children's Rights that must frequently be reiterated and emphasised. Table No. 006: FINDINGS OF THE STUDY No. of Teachers 0/0 Total No . of Teachers 111 the public Junior 312 Secondary School in the Municipality Total No. of Teachers interviewed 262 83.9 No. of Teachers in favour of the use of the cane 262 100 always as a tool for disciplining No . of Teachers aware of Child Right Laws on 171 62.3 violence, injury and maltreatment No. of Teachers not aware of Child Rights Laws 91 37.7 on violence, injury and maltreatment 6 The Ghanaian Times No. 135, 552 or Monday, August 13, 2001 page 1 Ca ptioned " G.E.S . Adv ised Parents aga inst wards" . 7 Act 29, 1960, Section 3 1,32 ,34 Supra , Articles 28 (3) Supra 61 University of Ghana http://ugspace.ug.edu.gh 4.3 Preserving the Child's Dignity and how to Handle Offending Behaviour of Children in School The clearest need for those who suffer corporal punishment is to be able to maintain their dignity, respect and self-esteem. In order to preserve the child's dignity one is required to be conversant with the Child's Rights under the various enactments mentioned earlier on and to care about the child . The violation of these Rights might attract legal consequences. There are many positive ways of helping to preserve children's dignity. One of these ways is how to handle the offending child. Teachers as caregivers have to learn how to handle embarrassing behaviours on the part of children under their care. One of the worst fears is that a child will become habitual offender of the law or rules and regulations of the school if he/she is not treated tactfully. If such incidents occur the teacher should not always berate the child. He should by his knowledge in psychology study the child , find out why he often breaks the rules . Perhaps his behaviour might not be deliberate. Children are more I ikely to cooperate if one is gentle and firm than if one is irritated and impatient. It is advisable not to let the problem get in the way of one's relationship with the child. Perhaps one might ask whether children always need correction. There are parents who cannot themselves stop correcting the ir ch ildren every time they mispronounce a word or make a grammatical error. The result is often a resentful or withdrawn child who finds 62 University of Ghana http://ugspace.ug.edu.gh that efforts at self-expression are stifled and not rewarded. The same thing happens to children who are constantly corrected by the use of the cane. The Bible advises on how to treat children so that they do not become downhearted.8 Children become not only exasperated through constant correction but they also become depressed or even aggressive. It might be necessary to learn a lesson from the greatest teacher, Jesus Christ. He did not immediately correct every mistaken viewpoint of his disciples. In fact, he sometimes withheld information from them because they were not yet in a position to grasp it. 9 Teachers must therefore learn to deal with the limitations of children. If Jesus showed consideration for the limitation of adults, how much more should we not be will ing to adapt to strange and ignorant acts of school children. Trying to make an offending child to see truth of a p&(ticular offence by the use of the cane or other objects to infl ict pain on the child may be expecting or demanding more than he is capable of. Instead of using corporal puni shment why not use the verbal form or perhaps just an unusual look at the chi Id may convey a lot of messages to him. Another form or method of correcting school children is to discuss the problem with his or her parents in the presence of the child. From experience children thrive on constant reassurance and commendation. After all we all stumble any times in Ii fe. 1o 8 Co loss ians 3:2 I 9 John 16: 12; 13 10 James 3:2 63 University of Ghana http://ugspace.ug.edu.gh Applying all the aforementioned suggestions may be difficult, especially for teachers who are less experienced. A frustrated teacher may occasionally lose self-control and fail to treat a child with dignity . When this happens, it is important not to allow oneself to become overburdened with guilt. It is also important to remember that because of the nature of corporal punishment - its pain inflicting nature, the child will probably not forget the incident very quickly. In schools motivation plays a major role in the teaching and learning process. Motivation can be positive or negative. It can also be externally imposed and se lf- imposed. Externally imposed motivation includes the fear that drives children to slave at their work for a stern teacher and the hope of reward that spurs them to fresh effort at diligence. Some people hold the view that externally imposed motivation like corporal punishment are necessary and useful. According to them the most common externally imposed motivation such as rewards and punishment when wisely or judiciously used can be effective and stimulating. Rewards can be of many forms, sweets, praises or words of commendation. Punishments are also in many forms; beating, striking, weeding etc. Corporal punishment is forbidden in schools in some countries but administered properly, can be very effective and prevent the harmful effects of some other forms of puni hment such as sarcasm and antagonizing attitude 64 University of Ghana http://ugspace.ug.edu.gh Further, non-physical punishments such as verbal rebukes, giving a child extra duties in and around the school , making him repair damage he has don .::: or the withholding of privileges can also be very relevant and effective. Corporal punishment as a method of school discipline is considered controversial as far back as the colonial period. I I This form of discipline though unacceptable to many educational theorists and practitioners enjoys considerable support from support from teachers in the New Juaben Municipality (the study area) and is administered more frequently than is legally required. From the data, it is crystal clear that, not a single teacher frowns on the use of the cane in the schools in the municipality. But are they right? To answer this question it may be necessary to take a look at one example in the United States namely the INGRAHAM VRS WRLIGHT. 12 In thi s case the U. S. Supreme Court ruled on the constitutionality of Florida law which allowed corporal punishments in educational institutions. The issues that arose from two federal perspectives were; 1. Whether the use of corporal punishment was a violation of the law barri ng cruel and unusual punishment; 2. Whether or not prior notice and some form of due process were required before administering punishments. I I 1887: Paym.:n t by results system of' educati on in the Go ld Coast. 65 University of Ghana http://ugspace.ug.edu.gh The fact of the case was that; James Ingraham and Roosevelt Andrews were junior high school students in Dade County, Florida. Because Ingraham had been slow to respond to the teachers' instructions, he received twel'ty (20) paddl e swats admini stered in the principal's offi ce. As a consequence, he needed medi cal treatment and missed a few days of school. Andrews, too was paddled but less severely. The justices reviewed the law and determined that the intent of its inclusion in the U.S. Constitution was to protect those convicted of crimes. For this reason the law was deemed inapplicable to corporal puni shments of school children. As to the due process , the court said. " we conclude th at the Due Process Clause does not require notice and a hearing prior to th e impos ition of corpora l punishment in publi c schoo ls, as that practi ce is authori zed and limi ted by common law." Comment was made on the severity of the paddlings in this case; the justices indicated that in such instance, "schoo l authoriti es ... may be held li abl e in da mage to the child if mali ce is shown, they may be subj ect to penalti es utili zing crimina l statutes". In addition a later Supreme Court action indicated that if punishment is excess ive, grounds may be found for considering it a violation of students' due proces ri ght. Moreover, the Tenth Circuit Court of Appeal had rul ed in the 12 430 U. S. 65 1 1977 : (Dt:skbook Encyc loped ia o f Ameri can School Law 1988 Rosemount M ino Data Research. 1988) 66 University of Ghana http://ugspace.ug.edu.gh case of MIERA VRS GARCIA I3 that: "gross ly excessive" corporal puni shment may indeed constitute a violation of s ubstantive due process ri ghts " . Despite appeals and pleadings supported by the National School boards Association and some other groups, the Supreme Court in 1988 declined the Tenth circuit' s cautions against excessive or cruel punishments. 14 The Supreme Court probably will continue to uphold lower coulis such as those that have used cattle prods to discipline students slammed students' heads against walls to capture their attention, or spanked students so hard that they required medical attenti•o n. 15 It appears therefore that the emphasis is on the reasonableness of the school authorities. Some scholars familiar with recent Supreme Court ruling regarding children or students rights and responsibilities believe that the court has been placing increas ing emphasis on the reasonableness of educators' policies and actions as contrasted with student's allegations that their rights have been v iol ated. 13 56U .SL W 3390 ( 1987) 14 Chri stopher CJnlsso. "Cou ri Lets orpo ral Pu ni shment Stand. Accepts Child Ab ust: Case" (Education Da il y. Ma rch 22. 1988, pp. 3-4 . 15 Dcskbook Encycloped ia or Ameri ca n Schoo l Law. 1988" 67 University of Ghana http://ugspace.ug.edu.gh In Tinker vrs Des Molines Independent Community School District,1 6 officials were required to demonstrate that restrictions were necessary for school safety or effectiveness; the new standard required only that they show that their actions are reasonable. It must be noted that the court in establishing this standard is placing considerable confidence in school officials and placing on these officials a major part of the responsibility for maintaining a proper balance between the legitimate constitutional rights of students and the school equally legitimate need to maintain an environment in which learning can proceed. 17 It presupposes therefore that where reasonableness does not prevail the child or student can seek redress at the law courts for abuse of his or her fundamental human rights. From the data it is evident that the teachers use the cane in the schools with impunity believing that it is the only way to effect discipline. But with reference to Article 28 (l ) (d) of the 1992 constitution (Supra) and Article 19 of the UN Convention on the Rights of the child ( supra), the teachers' use of the cane to insti I discipline seriously contravenes these legislative provisions. The issue therefore, is whether there can be "a cause of action" against the violators (teachers). A cause of action is a factual situation the existence of which entitles one person to obtain from the court a remedy against another person 16 393 U.s . 503 ( 1969) 17 Lowell . rose, "Reaso nab leness - The Hi gh Court's New Standard for Cases In vo lvin g Stud ent Ri ghts" (Ph i De lta Kappa n. Ap ril 1988) pp. 589 - 592 . 68 University of Ghana http://ugspace.ug.edu.gh (see LETANG VRS COOPER)1 8. That is, every fact which it would be necessary for the plaintiff to prove if traversed in order to support his right to judgment of the court (see SPOKESMAN (Publishers) LTD VRS. ATTORNEY- GENERAL).19 Simply stated a course of action arises whenever a person's legal rights are infringed or threatened with infringement and he seeks a remedy or relief or a declaration of his right from the cOUli. 4.4 Can School Chi ldren Seek Remedy for Relief at The Law Courts? Under, the law an infant or a child is disqualified from suing at the law court and he or she cannot be sued. An infant or child can only sue or be sued by next friend or guardian. An infant in Ghana is defined as : " as person be low the age of e ighteen years ,,20 An infant therefore is one who is under disability i.e. under the age of Eighteen or a pati4ent i.e. by reason of mental disorder or infirmity; he is not capable of admini stering or managing his own affairs . In an infant sues without a next fri end the court as soon as it becomes aware of this fact, it must stay of further proceedings until a next friend is added. The defendant in such a case may apply to the court for an order that a next friend should b added or the write be set as ide. Proceedings will be stayed until a guardian ad litem is added. It is improper for counsel of a client under disability to sue or defend or continue 18 ll 965 11Q8 232 a l 242. 19 l l 9741 IGLR 88. C.A 20 A rti cles 28 (5) of' 1992 Constitu te of Ghana. 69 University of Ghana http://ugspace.ug.edu.gh proceedings without a next friend or guardian ad litem. A lawyer, who does so may incur personal liability for cost (see GEl LINGER V. GIBBS)?I A near relation or a friend of the family is usually preferred. He must be a person or substance capable of prosecuting the action and defending it in the interest of the person under disability. / 2 1 ll 897 I ell 479; (See also Yonge V Tonybee ([1 9 10] I KB 2150 70 University of Ghana http://ugspace.ug.edu.gh CHAPTER FIVE SUMMARY, CONCLUSION AND RECOMMENDATIONS 5.0 INTRODUCTION I have set out in this study to ascertain the main offences that attract corporal punishment in some public Junior Secondary Schools in the New Juabeng Municipality and to find out the extent to which such corporal punishments are used taking into consideration the number of strokes of the cane the school child is given. The main purpose of this chapter is to give a summary of the study and to recommend ways of preserving the dignity of the child and how to handle offending behaviour of children in the schools . 5.1 SUMMARY This study was undertaken to ascertain the main offences that attract corporal punishment in some schools in the Koforidua Municipality and also to find out the extent to which such corporal punishments are administered . The study spec ifically found out the number of cane that the child is given when he or she offended the school rules and regulation. The findings indicated that the prescribed number of the cane to be administered on the child by the teachers is not being ad hered to. Again, any teacher at all administered the cane without instruction from the head of the school. 71 University of Ghana http://ugspace.ug.edu.gh Headteachers often do not supervise the caning. Every offence by the child or pupil attracted the cane as a means of correction. The rules and regulations of the Ghana Education Service as stated in the Headteachers' Handbuok are flouted w ith impunity. It is hoped that the findings of this study will help all who are concerned with the upbring ing of children to observe the Rights of children and to treat them with the dignity they deserve. 5.2 RECOMMENDATIONS AND SUGGESTIONS The very purpose of learning is to bring about a desired change in the behaviour of the learner. Therefore all who engage in a learning activity are concerned that, the learning should be as effective as may be achieved . In this regard, what the teacher does or does not do is of crucial importance. Educators are therefore concerned with such very important questions as how should a teacher or the leader of a learning activity conduct himself, (especially when the learners are children) in order to promote learning in all its forms and to avo id any fo rm of intimidation, violence or force ? The relationship between the child and the teacher therefore can seriously forge or derange the ordained deve lopment of the child. 72 University of Ghana http://ugspace.ug.edu.gh The acts of omission and commissions of both the teacher and the learner playa significant role in the school system. Teaching and learning behaviours required for any meaningful learning process is one where the teacher and the child consistently conduct themselves so as to create a conducive relat:onship devoid of fear. Children may find that their teacher is either jovial, serious, a hardtaskmaster or authoritative. The teacher's behaviour, attitude or temperaments are significant factors in shaping the atmosphere in which the learners work. Thus a learning situation may be democratic or student-centred or authoritarian or teacher-dominated. In every learning situation, the learner (the child) recognises the teacher who rules his or her class with the power of authority. Gradually, the child begins to test the capacity of his teacher in this direction. Initial signs are manifested when children begin to create noise that graduate systematically through murmuring, chattering, feet scraping to dropping of mathematical sets and clicking rulers. The teacher reacts usually by loud shouts. When he finds the volume of voices to be unwanted , he descends from his pedestal and punishes with svrift and forceful blows. For a brief period, there would be some silence and then suddenly there would be whispering and chattering again. Often, the teacher's behaviour would be altered by training so an authoritarian teacher would consider the characteristics and the interests of the children. 73 University of Ghana http://ugspace.ug.edu.gh Sporadically, the excesses of the children would force the teacher to adopt other methods of reprimanding them. There is also the teacher who rules by fear. The stern unbending type of teacher who always glares and never smiles . He punishes for every offence, both of omission and commission. He is known by his methods and hated. Children in his class are in uproar when the teacher leaves the room. Some promise and threaten but honours none. In fact no good teacher threatens. A good teacher makes a promise and keeps it even if it is against himself. The teacher who is regarded as a director by the class has the confidence of the children without encouraging sycophancy and also has an absolute affection of the class without encouraging adoration. An effective teacher controls by his word not by the cane; leads by precept and he is seen as an elder fellow of the class, who is invested with patriarchal wisdom. The relationship therefore becomes a father or a mother and children - type . As a head of the class he rectifies the balance of justice and children are keenly appreciative of fair play. Both the teacher and the children create a single unit and it is the duty of the teacher to adjust both himself and the child to prevailing climate of the school. The absence of this cordial relationship creates suffering or chaotic learning environment. This chaotic condition may 74 University of Ghana http://ugspace.ug.edu.gh be occasioned almost invariably when children break the rules and regulations leading to the inflicting of corporal punishment. There should be a real attempt to enl ist opinion among the children on the side of law and order and even the one punished should be able to see the reason for the punishment. 5.3 CONCLUSION There exist a problem concerning several thousands seriously disturbed school children who have been punished with the cane in the school system. Little is being done to stop the phenomenon because generally not enough is known about the existing rights of the child under the various laws especially the inflicting of pain on him or her. Educators should recognise that these children are educable and are entitled to education within the framework of the existing educational enterprises. There are tendencies on the part of teachers to frustrate children by using the cane to correct them whenever they behave contrary to the rules and regulations of the system. Their assumptions may be that the use of the cane deters the child and re- enforces them to do the ri ght thing. Educators may have difficulties in maintaining even a minimum of law and order therefore it is necessary to take a closer look at the notion of sanctions and punishments. In the first place it is 75 University of Ghana http://ugspace.ug.edu.gh imperative that the teacher has the right view of punishment. This can be done through education or in service training. Punishment must not stem from the vindictive or angry feelings of the teacher or other authorities. Punishment must be impersonalised and be communicated to the child and the chi ld must be given the right to express his or her opinion on it. It is advisable for the authorities to co-operate with the children in framing the dos and don1ts and their sanctions. It might be possible that the children will make better suggestions. When the rules are broken by the children, the school authorities do not have to consider themselves as the flouted authorities whose command had been disobeyed or challenged. It is important to let the child know that rules and punishments are necessary not because adults want them, but because human life requires them so that we can co-exist peacefully. The type of punishment that are chosen must be effective in ensuring that the children do not suffer pain on their bodies leading to the abuse of their constitutional and fundamental rights. I think that the aim in punishing a child is to provide negative reinforcement. In other words, the punishment is to stop the child from repeating his offence by making him associate it with unpleasant results. It must be noted also that under certain conditions corporal punishment is not likely to produce the effect we desire. There are times when corporal punishments instead of removing a bad habit, 76 University of Ghana http://ugspace.ug.edu.gh stamps it in and makes it worse . It is important also to note that, before a child is caned we should always try to find out why the child behaved the way he or she did and consider carefully whether or not corporal punishment will remedy the particular behaviour. If for instance the bad behaviour is due to ignorance or fear, it is not likely that corporal punishment would be the appropriate remedy. It is imperative that teachers should be educated on the fundamental rights of the child as stated under the various laws of the state. This is what I have tried to point out in this dissertation. It is important that the stakeholders in education endeavour to keep in mind the laws affecting children when looking at the contemporary educational issues. 77 University of Ghana http://ugspace.ug.edu.gh APPENDIX A REPORT ON THE ARBITRATION SETTLEMENT BETWEEN RAMA T ADE AND PHILIP WILBERFORCE OPPONG ASSEMBL YMAN FOR NSUKW AO INTRODUCTION Following the assault charge preferred against Mr. Philip Wilberforce Oppong an assemblyman for Nsukwao area of Koforidua in a case where he was alleged to have slapped one Ramat Ade of Effiduase in circumstance where the said Ade Ramat is alleged to have defecated in the classroom of Sarkodee LA. Primary School appearance before the tribunal and a passionate request by the situated at Nsukwao, Koforidua several times and its subsequent Municipal Education Directorate to settle the case out of court, which was granted by the Chairman of the tribunal, the following decisions were arrived at during the settlement. PANELISTS Membership of the panel who were involved in the settlement of the case were as follows: 78 University of Ghana http://ugspace.ug.edu.gh 1. Mrs. Charlotte Ofori Welfare Officer; Municipal Directorate Education 2. Mr. Albert Anim Municipal Education Directorate 3. Mr. Godfried Asamoa - Municipal Education Guidance and (Chairman) Counselling Co-ordinator. 4. Mr. F.A.L Lartey Municipal GNAT Secretary And in the presence of; a. Madam Amma Mansah Landlady of Ramat' s parents b. Mr. ] .B . Addison Step father of Ramat Ade c. Miss Cecilia Kwakye Pong Accuser's sister d. Mr. N.N. Bediako Witness, Teacher from Nsukwao L.A Primary 'B'. e. Ade Ramat The victim f. Philip Wilberforce Oppong the accused Before the commencement the case, Mr. J.B. Addison, the stepfather of the complainant led the group with a powerful prayer. Mr. Godfried Asamoa the Chairman led the discussions. In his introductory remarks he called for calm from all parties and prayed that the discussions should be held in the spirit of give and take. 79 University of Ghana http://ugspace.ug.edu.gh During the course of discussions, further leading questions posed to Ade Ramat referred to as a minor, admitted having slept in the various classroom of the school on countless number of times. After a painstaking analysis of the matter by the panellists it was concluded that the minor erred by easing himself in the various classrooms. As to how he managed to enter the classrooms, the minor said he entered through the windows. The panellists also agreed that even though the minor erred, it was no license for the assemblyman Mr. Philip Wilberforce Oppong to take the law into his hands by subjecting him to slapping. Both parties on that note admitted having erred. The panellists were unanimous in their decision that both the complainant and the accused erred but in view of the humiliation both parties went through a cash award of fifty thousand cedis (¢50,OOO.OO) be paid as a compensation to the minor. In a reaction from the step-parents of the minor, they did not seem to be happy about the award and rather requested for ¢200,OOO.OO instead. The panellist saw this to be on the higher side because according to them the rehabilitation of the 80 University of Ghana http://ugspace.ug.edu.gh minor was also to be considered because after been put to school, it is teachers who will still handle him and the parent must consider this to enable this to be done easily. The panellists also blamed the parents for some lapses in the care of the minor culminating into the unfortunate behaviour of the minor. In view of these issues raised and further consultations and negotiations made between the minor's parents and some members of the panel, a compensation of ¢ 10 0,000.00 was paid to the minor. After this payment was instantly effected to the minor's step father he thanked the house for the open and frank manner the issues have been discussed for a peaceful settlement. In his closing remarks the chairman of the panel thanked all for their cooperation and informed the minor's parents that they will be given- appointment later to discuss the rehabilitation of the minor. The settlement came to a close at 1.30 p.m. with a prayer by Mr. Philip Wilberforce Oppong the accused. Greetings were exchanged afterwards before the final departure. SIGNED: (F.A. LAREY) SECRETARY ARBITRATION COMMITTEE MUNICIPAL SECRETARY GHANA NATIONAL ASSOCIATION OF TEACHERS NEW JUABEH, EASTERN REGION 81 University of Ghana http://ugspace.ug.edu.gh APPENDIX B TOPIC: CORPORAL PUNISHMENT AND THE RIGHTS OF THE CHILD. A CASE STUDY OF SOME PUBLIC SCHOOLS IN THE KOFORIDUA MUNICIPALITY. This questionnaire is designed to study corporal punishment and the Rights of the Child. Please tick the appropriate box(s)or write your answer where spaces are provided. l. Age [ ] 2. Sex Male [ ] Female [ ] 3. Status: Teacher [ ] Education Officer [ ] Police [ ] others [ ] 4. Level of Education SSS [ ] Teachers certif. 'A' [ ] Diploma [ ] Degree [ Others [ ] 5. Religion Chri st ian ] Moslem [ ] Others ] 82 University of Ghana http://ugspace.ug.edu.gh Class taught. ...... .. . .... ............ . ........... . J. Is the cane used for punishing the child in this school? Yes [ ] No [ ] 2. How often? ........ .... ..... ... ... ...... ......... .. ...... ...... .. .. .. ...... ...... .... ....... ..... ............ . 3. Please , write down the offences that attract the use of the cane in this school a. b. c. d. . ........ .. .................. .. ... ... .......... ... .... ....... ..... .... ...... ...... ..... . 4. How many strokes of the cane do you normally g iven when chi ldren offend? l. [ J 2. [ J 3. [ J 4. [ ] 5. [ ] 6. [ ] 7. [ ] Others ; specify .. .......... .. ... .... ..... .. ....... .. 5. Who does the can ing when a child offends? Teacher [ ] Headteacher [ ] 6. Have there been any unpleasant event/occasion after caning a child 111 this school Yes [ ] No [ ] 7. If yes state the unpleasant event •••• • ••••••••••••• • ••• •• ••••••••••• ••• • • • •• • •• ••••••••• ••• • • •• •• ••••••••• ••••••••••••• e o 83 University of Ghana http://ugspace.ug.edu.gh 8. How was the unpleasant event settled or resolved 9. Should caning be continued in this school? Yes ] No [ ] 10. Have you heard about the Child Rights Laws on violence, injury and mal treatment? Yes [ ] No [ ] 11. If yes, please mention some of the laws on the Child Rights . •••••••••••• •••• ••••••• • • •••••••• ••• •• •••••••••••••• • •• ••••••••••••• •• •• •••••••••• •••• • 0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • ••••• • • •••••••••• • •• •••• •••• 0 84 University of Ghana http://ugspace.ug.edu.gh BIBLIOGRAPHY Abotchie C.R.K (1979): The Function of Traditional Methods for Modern Crime Prevention (unpublished M. Phil) Allport, G. W. (1963): Pattern and Growth in Personality Holt Rinehart and Winston. Andrew, W (1899): By gone Punishments, London P. 137 Arthur, B. Allen and Evan H. Williams (1936): The Psychology of Punishment, Oxford University Press. Barnes H.E and Teeters N. K (1950): New Horizon in Criminology, N.Y. Bentham, J. (1970): Principal of Morals and Legislation. Harrison Ed . Berk, R. A. ed, (1980) Criterion - Referenced Measurement: the state of the Ali. John Hopkins University Press . Bown L. and Tomori S.H. O. 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